166 sections in this chapter.
ORS 92.215 Review authorized; manner. (1) Each agency or body authorized to approve subdivision plats under ORS 92.040 may
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(a) Review each subdivision approved on or after October 5, 1973, after the expiration of 10 years after the date of such approval. (b) Review each subdivision plat approved more than 10 years prior to October 5, 1973. (2) Each review conducted pursuant to subsection (1) of this …
ORS 92.220 [1963 c.624 §§1,2,25; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.225 Review of undeveloped or developed subdivision plat lands. (1) The agency or body required to conduct the review under ORS 92.215 shall investigate the status of the lands included within a subdivision to determine whether the subdivision is undeveloped
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(2) For the purposes of this section, the lands described in the plat of any subdivision under review shall be considered to be developed if any of the following conditions are found by the agency or body conducting the review to exist on such lands: (a) Roadways providing access…
ORS 92.230 [1963 c.624 §§4,19; 1969 c.508 §1; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.234 Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner. (1) Following a hearing conducted as required under ORS 92.225 (4), the agency or body conducting the hearing may
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(a) Require the revision of a subdivision and a replat of the subdivision as it considers necessary, if it finds that the subdivision may be revised to comply with the comprehensive plan, zoning ordinances and regulations and other modern subdivision control standards not in exis…
ORS 92.235 [1969 c.508 §3; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.240 [1963 c.624 §5; 1969 c.663 §5; 1971 c.106 §1; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.245 Fees for review proceedings resulting in modification or vacation. The governing body of a city or county may, by ordinance or regulation adopted in accordance with ORS 92.048, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon undeveloped subdivisions for which the plat is modified or vacated under ORS 92.205 to 92.245. [1973 c.569 §5]
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[Repealed or reserved.]
ORS 92.250 [1963 c.624 §6; 1969 c.663 §4; 1971 c.106 §2; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.255 [1965 c.584 §5; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.260 [1963 c.624 §§7,17; 1965 c.584 §6; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.270 [1963 c.624 §8; 1965 c.584 §7; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.275 [1973 c.351 §3; repealed by 1977 c.236 §1]
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[Repealed or reserved.]
ORS 92.280 [1963 c.624 §9; 1965 c.584 §8; repealed by 1973 c.421 §52]
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MISCELLANEOUS PROVISIONS
ORS 92.285 Retroactive ordinances prohibited. No retroactive ordinances shall be adopted under ORS 92.010 to 92.048, 92.060 to 92.095, 92.120, 93.640, 93.710 and 215.110. [1973 c.696 §21]
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[Repealed or reserved.]
ORS 92.290 [1963 c.624 §§10,11; 1965 c.584 §9; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.300 [1963 c.624 §12; 1969 c.663 §6; repealed by 1973 c.421 §52]
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OREGON SUBDIVISION AND SERIES PARTITION CONTROL LAW (Generally)
ORS 92.305 Definitions for ORS 92.305 to 92.495. As used in ORS 92.305 to 92.495
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(1) “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one interest in subdivided or series partitioned land, or an agreement affecting more than …
ORS 92.310 [1963 c.624 §13; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.313 Policy; construction; citation. (1) The Legislative Assembly finds that the development of new subdivisions and series partitions and the promotion of sales and leases of such property are now largely uncontrolled and unregulated in this state and that a need exists to protect the public from fraud, deceit and misrepresentation
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(2) The provisions of ORS 92.305 to 92.495 are in addition to, and not in lieu of, the existing provisions of ORS 92.010 to 92.192. (3) ORS 92.305 to 92.495 may be cited as the Oregon Subdivision and Series Partition Control Law. [1974 c.1 §2; 1975 c.643 §1a; 1983 c.570 §9]
ORS 92.315 [1969 c.508 §4; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.317 Policy; protection of consumers. The Legislative Assembly finds that the repeal of ORS 92.500 to 92.810 and 92.990 (2) and (3) (1973 Replacement Part), by section 23, chapter 1, Oregon Laws 1974 (special session), may cause irreparable damage to the interests of consumers involved in real estate transactions. It is therefore declared to be the policy of the State of Oregon that the Attorney General protect the rights of such real estate purchasers to the greatest extent practicable through the application of the provisions of ORS 336.184 and 646.605 to 646.652. [1974 c.1 §29; 2005 c.22 §72]
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[Repealed or reserved.]
ORS 92.320 [1963 c.624 §14; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.325 Application of ORS 92.305 to 92.495. A person may not sell or lease any subdivided lands or series partitioned lands without having complied with all the applicable provisions of ORS 92.305 to 92.495 except that
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(1) ORS 92.305 to 92.495 do not apply to the sale or leasing of: (a) Apartments or similar space within an apartment building; (b) Cemetery lots, parcels or units in Oregon; (c) Subdivided lands and series partitioned lands in Oregon that are not in unit ownership or being develo…
ORS 92.330 [1963 c.624 §15; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.335 [1974 c.1 §3; 1975 c.643 §2; repealed by 1977 c.484 §32]
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[Repealed or reserved.]
ORS 92.337 Exemption procedures; withdrawal of exemption; filing fee. (1) The Real Estate Commissioner shall grant an exemption pursuant to this section if a subdivider or series partitioner submits on a form prepared by the commissioner, verification that
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(a) The subdivision or series partition is recorded pursuant to ORS 92.010 to 92.192; (b) Each lot or parcel is situated on a surfaced roadway which, together with means for operation and maintenance, meets the standards of the governing body of the local jurisdiction and is eith…
ORS 92.339 Use of fees. The moneys received under ORS 92.305 to 92.495 and this section shall be paid into the State Treasury and placed to the credit of the General Fund in the Real Estate Account established under ORS 696.490. [Formerly 92.820]
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[Repealed or reserved.]
ORS 92.340 [1963 c.624 §16; repealed by 1973 c.421 §52]
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(Filing Requirements)
ORS 92.345 Notice of intention; fee. (1) Prior to negotiating within this state for the sale or lease of subdivided lands located outside this state, or prior to the sale or lease of any subdivided or series partitioned lands located within this state, the subdivider, series partitioner or agent of the subdivider or series partitioner shall by a “Notice of Intention” notify the Real Estate Commissioner in writing of the intention to sell or lease. A notice of intention shall contain true information as follows
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(a) The name and the business and residence address of the subdivider or series partitioner; (b) The names and the business addresses of all licensees of the commissioner and of all other persons selling or leasing, within this state, interests in the subdivision or series partit…
ORS 92.350 [1963 c.624 §18; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.355 Commissioner may request further information; content. (1) The Real Estate Commissioner may require the subdivider or series partitioner to furnish such additional information in a “Request for Further Information” as the commissioner determines to be necessary in the administration and enforcement of ORS 92.305 to 92.495 including but not limited to
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(a) A statement of the terms and conditions on which it is intended to transfer or dispose of the land or interest therein, together with copies of any contract, conveyance, lease, assignment or other instrument intended to be used; (b) Copies of all sales pamphlets and literatur…
ORS 92.360 [1963 c.624 §21; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.365 Filing information to be kept current; fee for notice of material change. (1) The information required under ORS 92.345 and 92.355 shall be kept current by the subdivider or series partitioner. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the subdivider or series partitioner within 10 days after the change occurs
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(2) A subdivider or series partitioner shall be responsible for the accuracy of and for providing all information required by ORS 92.345, 92.355 and this section for as long as the subdivider or series partitioner retains any unsold lot, parcel or interest in the subdivision or s…
ORS 92.370 [1963 c.624 §22; 1965 c.584 §10; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.375 Consent to service of process on commissioner. (1) Every nonresident subdivider or series partitioner, at the time of filing the notice of intention and information required by ORS 92.345 and 92.355, and every nonresident developer who acquires more than 10 lots or parcels in a subdivision or series partition during a six consecutive month period, at the time the developer acquires the lots, parcels or interests in a subdivision or series partition, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the developer, subdivider or series partitioner in this state arising out of a violation of ORS 92.305 to 92.495, personal service of summons or process upon the developer, subdivider or series partitioner cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the developer, subdivider or series partitioner by service on the commissioner
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(2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual subdivider, series partitioner or developer and shall set forth: (a) The name of the subdivider, series partitioner or d…
ORS 92.377 [2015 c.260 §2; repealed by 2025 c.476 §21]
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[Repealed or reserved.]
ORS 92.380 [1963 c.624 §23; 1965 c.584 §11; repealed by 1973 c.421 §52]
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(Examination of Subdivision and Series Partition; Public Report)
ORS 92.385 Examination; public report; waiver of examination in other state. (1) The Real Estate Commissioner may make an examination of any subdivision or series partition subject to ORS 92.305 to 92.495 to be offered for sale or lease and may make a public report of the commissioner’s findings. If a subdivision or series partition is located within this state and if no report is made within 45 days after examination of the subdivision or series partition, the report shall be deemed waived
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(2) The commissioner may waive an examination of a real estate subdivision located in another state only when that state has an existing subdivision law which provides for the examination of and a public report on the real estate subdivision and only where that state will waive e…
ORS 92.390 [1963 c.624 §24; repealed by 1973 c.421 §52]
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[Repealed or reserved.]
ORS 92.395 Waiver of examination in this state; notice to subdivider or series partitioner. With respect to any subdivision or series partition within this state, if, after examination of the preliminary notice of intention required by ORS 92.345 or the reply to the Real Estate Commissioner’s request for further information, the commissioner concludes that the sale or lease of any portion of such subdivision or series partition would be reasonably certain not to involve any misrepresentation, deceit or fraud, the commissioner shall waive all of the provisions of ORS 92.305 to 92.495, except ORS 92.475 to 92.495 and 92.990 (2), which the commissioner considers unnecessary for the protection of the public from fraud, deceit or misrepresentation. The commissioner shall notify the subdivider or series partitioner within 15 days of receipt of the preliminary notice of intention of the approval or disapproval of any waiver. However, the commissioner may, for good and sufficient cause, revoke any waiver at any time upon 10 days’ notice and a hearing held for such purpose. [1974 c.1 §9; 1983 c.570 §16]
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[Repealed or reserved.]
ORS 92.405 Sale prohibited where public report not waived; distribution and use of public report. (1) Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a subdivision or series partition prior to the issuance of the report
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(2) A copy of the public report, when issued, must be given to the prospective purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series partitioner or developer, prior to the execution of a binding contract or agreement for the sale or l…
ORS 92.410 Review of subdivisions for which public report issued; revised public report; compliance with ORS 92.305 to 92.495. (1) Notwithstanding the effective date of chapter 643, Oregon Laws 1975, prior to February 1, 1976, the Real Estate Commissioner may review any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and when the commissioner considers it necessary for the protection of the public from fraud, deceit or misrepresentation, the commissioner may, after notice to the subdivider, issue a revised public report for the subdivider and subsequent developers of interests in the subdivision to comply with the provisions of ORS 92.305 to 92.495 as though the public report had been issued and dated after September 13, 1975
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(2) Any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and for which the commissioner has not issued a revised public report under subsection (1) of this section prior to February 1, 1976, shall not be required to comply with the a…
ORS 92.415 Advance of travel expense for examination of subdivision or series partition. When an examination is to be made of subdivided or series partitioned lands situated in the State of Oregon, or of subdivided lands situated outside the state which will be offered for sale or lease within this state, the Real Estate Commissioner, in addition to the filing fee provided in ORS 92.345, may require the subdivider or series partitioner to advance payment of an amount estimated by the commissioner to be the expense incurred in going to and returning from the location of the project, and an amount estimated to be necessary to cover the additional expense of such examination, subject to prior approval of the Oregon Department of Administrative Services and within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The amounts estimated by the commissioner, under this section shall be based upon any applicable limits established and regulated by the Oregon Department of Administrative Services under ORS 292.220. [1974 c.1 §11; 1975 c.643 §8; 1979 c.242 §6; 1983 c.181 §2; 1983 c.570 §18; 1991 c.703 §2; 2023 c.602 §2]
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(Requirements for Sale)
ORS 92.425 Conditions prerequisite to sale. (1) No lot, parcel or interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow
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(a) A copy of the title report or abstract, as it relates to the property being sold. (b) The original sales document or an executed copy thereof relating to the purchase of real property in the subdivision or series partition clearly setting forth the legal description of the pr…
ORS 92.427 Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions. (1) A purchaser of a lot, parcel or interest in a subdivision or series partition may cancel, for any reason, any contract, agreement or any evidence of indebtedness associated with the sale of the lot, parcel or interest in the subdivision or series partition within three business days from the date of signing by the purchaser of the first written offer or contract to purchase
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(2) Cancellation, under subsection (1) of this section, occurs when the purchaser of a lot, parcel or interest gives written notice to the seller at the seller’s address. The three business days cancellation period in subsection (1) of this section does not begin until the seller…
ORS 92.430 Notice to purchaser of cancellation rights; form. (1) Subject to ORS 92.427 (7), the first written real property sales contract signed by the purchaser for the sale of a lot, parcel or interest in a subdivision or series partition shall contain, either upon the first page of such contract or upon a separate sheet attached to such first page, the following notice in at least 8-point type
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______________________________________________________________________________ NOTICE TO PURCHASER BY SIGNING THIS AGREEMENT YOU ARE INCURRING A CONTRACTUAL OBLIGATION TO PURCHASE AN INTEREST IN LAND. HOWEVER, YOU HAVE THREE BUSINESS DAYS AFTER SIGNING THIS AGREEMENT TO CANCEL TH…
ORS 92.433 Escrow documents required of successor to vendor’s interest. (1) A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in a land sale contract for which an escrow has been established pursuant to ORS 92.425 shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and conditions of the contract
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(2) A subdivider, series partitioner or developer who has sold lots, parcels or interests in a subdivision or series partition under a land sale contract shall not dispose of or subsequently encumber the vendor’s interest therein unless the terms of the instrument of disposition …
ORS 92.435 [1974 c.1 §13; repealed by 1977 c.484 §32]
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[Repealed or reserved.]
ORS 92.445 [1974 c.1 §16; repealed by 1975 c.643 §18]
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[Repealed or reserved.]